CITIES - LIBRARIES - CITY, COUNTY AND TOWNSHIP LIBRARIES. Duane F. Johnson, State Librarian, Kansas State Library, Topeka, October 30, 1989.
Synopsis: K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions that are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Cont. Art. 12, Section 5.
Dear Mr. Johnson:
You request our opinion as to whether K.S.A. 1988 Supp. 12-1222 is subject to charter ordinance under article 12, § 5 of the Kansas Constitution. You indicate that the city of Gypsum has exempted itself from the requirement that library board members be residents of the municipality, and substituted a requirement that board members be residents of the city of Gypsum or two surrounding townships. This substitute requirement was apparently adopted because the city had difficulty recruiting city residents to serve on the library board.
Under article 2, § 5 of the Kansas Constitution, a city may exempt from the application of a state statute by enacting a charter ordinance which provides substitutes or additional provisions on the same subject. However, in the event that the statute is contained in an enactment applicable uniformly to all cities, the city may not employ a charter ordinance to supersede the statute. The use of home rule has accordingly often hinged upon the presence of some non-uniform provision in an act, for even one such section is sufficient to "taint" an otherwise uniformly applicable act. City of Junction City v. Griffin, 227 Kan. 32 (1980).
K.S.A. 1988 Supp. 12-1222 is not uniformly applicable to all cities for the reason that cities having a population of more than 250,000 may provide a library board composed of ten members, whereas all other cities are limited to a seven-member library board. Thus, a city may adopt a charter ordinance exempting itself from the provisions of K.S.A. 1988 Supp. 12-1222, including the requirement that members of a library board be residents of a municipality. Additionally, we are unaware of any other statutory or constitutional provision which would require that library board members be residents of the municipality.
Very truly yours,
Robert T. Stephan
Attorney General of Kansas
Terrence R. Hearshman
Assistant Attorney General
- provided by the State Library of Kansas